Part 1 General Provisions 13-49-101 – 13-49-102
Part 2 Registration Requirements 13-49-201 – 13-49-204
Part 3 Operational Requirements 13-49-301 – 13-49-305
Part 4 Prohibited Acts and Penalties 13-49-401 – 13-49-404

Terms Used In Utah Code > Title 13 > Chapter 49

  • Account: means the Criminal Forfeiture Restricted Account created in Section 24-4-116. See Utah Code 24-1-102
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 24-1-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Agency: means any agency of municipal, county, or state government, including law enforcement agencies, law enforcement personnel, and multijurisdictional task forces. See Utah Code 24-1-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
  • Assessment bonds: means bonds that are:
    (a) issued under Section 11-42-605; and
    (b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
  • Assessment ordinance: means an ordinance adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102
  • Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Claimant: means any:
    (a) owner of property as defined in this section;
    (b) interest holder as defined in this section; or
    (c) person or entity who asserts a claim to any property seized for forfeiture under this title. See Utah Code 24-1-102
  • Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
  • Commission: means the Utah Commission on Criminal and Juvenile Justice. See Utah Code 24-1-102
  • Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
    (a) services;
    (b) personal or real property; or
    (c) another thing of value. See Utah Code 13-49-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a civil in rem complaint seeking the forfeiture of any real or personal property under this title. See Utah Code 24-1-102
  • Computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, and storage functions, and includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 24-1-102
  • Constructive seizure: means a seizure of property where the property is left in the control of the owner and the seizing agency posts the property with a notice of intent to seek forfeiture. See Utah Code 24-1-102
  • Contraband: means any property, item, or substance that is unlawful to produce or to possess under state or federal law. See Utah Code 24-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Commerce. See Utah Code 13-49-102
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
  • Division: means the Division of Wildlife Resources. See Utah Code 23-13-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • General predator control: means a predatory animal removal effort by the division to reduce predatory animal numbers for the benefit of mule deer. See Utah Code 23-30-102
  • Governing body: means :
    (a) for a county, city, or town, the legislative body of the county, city, or town;
    (b) for a local district, the board of trustees of the local district;
    (c) for a special service district:
    (i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
    (ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
    (d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102; and
    (e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102. See Utah Code 11-42-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
    (a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
    (b) translating a person's answer to a question posed in a document provided by a federal or state agency;
    (c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
    (d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
    (e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
  • Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
    (a) immigration and naturalization law;
    (b) executive order or presidential proclamation; or
    (c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innocent owner: means a claimant who:
    (a) held an ownership interest in property at the time the conduct subjecting the property to forfeiture occurred, and:
    (i) did not have actual knowledge of the conduct subjecting the property to forfeiture; or
    (ii) upon learning of the conduct subjecting the property to forfeiture, took reasonable steps to prohibit the illegal use of the property; or
    (b) acquired an ownership interest in the property and had no knowledge that the illegal conduct subjecting the property to forfeiture had occurred or that the property had been seized for forfeiture, and:
    (i) acquired the property in a bona fide transaction for value;
    (ii) was a person, including a minor child, who acquired an interest in the property through probate or inheritance; or
    (iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 24-1-102
  • Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 24-1-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Known address: means any address provided by a claimant to the agency at the time the property was seized, or the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 24-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 24-1-102
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Legislative body: means :
    (a) 
    (i) the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or
    (ii) the agency's governing political subdivision; or
    (b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 24-1-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local entity: means :
    (a) a county, city, town, special service district, or local district;
    (b) an interlocal entity as defined in Section 11-13-103;
    (c) the military installation development authority, created in Section 63H-1-201;
    (d) a public infrastructure district created by the military installation development authority under Title 17B, Chapter 2a, Part 12, Public Infrastructure District Act;
    (e) the Utah Inland Port Authority, created in Section 11-58-201; or
    (f) any other political subdivision of the state. See Utah Code 11-42-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Multijurisdictional task force: means a law enforcement task force or other agency comprised of persons who are employed by or acting under the authority of different governmental entities, including federal, state, county or municipal governments, or any combination of these agencies. See Utah Code 24-1-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Overhead costs: means the actual costs incurred or the estimated costs to be incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and all other incidental costs. See Utah Code 11-42-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in real or personal property. See Utah Code 24-1-102
  • Person: means an individual, association, partnership, government agency, corporation, or an agent of the foregoing. See Utah Code 23-13-2
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Predatory animal: means a coyote. See Utah Code 23-30-102
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 24-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the State Asset Forfeiture Grant Program established in Section 24-4-117. See Utah Code 24-1-102
  • Property: means all property, whether real or personal, tangible or intangible, but does not include contraband. See Utah Code 24-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosecuting attorney: means :
    (a) the attorney general and any assistant attorney general;
    (b) any district attorney or deputy district attorney;
    (c) any county attorney or assistant county attorney; and
    (d) any other attorney authorized to commence an action on behalf of the state under this title. See Utah Code 24-1-102
  • Public interest use: means a:
    (a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or
    (b) donation of the property to a nonprofit charity registered with the state. See Utah Code 24-1-102
  • real property: includes :Utah Code 68-3-12.5
  • Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Targeted predator control: means a predatory animal removal effort by the division:
    (a) to reduce predatory animal numbers in an area where mule deer predation occurs; and
    (b) that focuses on specific locations and certain times. See Utah Code 23-30-102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testator: A male person who leaves a will at death.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Wildlife: means :
    (a) crustaceans, including brine shrimp and crayfish;
    (b) mollusks; and
    (c) vertebrate animals living in nature, except feral animals. See Utah Code 23-13-2
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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